money for the october spike alone paying an extra $1 billion. reporter: when surprises spiked at the gas station the 7 gas companies in california said it's not our fault. instead, they blamed accidents like the chevron refinery fire or unexpected maintenance problems. but the biggest price spikes were in may and october. that's months before and after the chevron fire in august. >> we have seen shifts in price of gasoline. >> reporter: it's one of the reason senator mark leno called a committee hearing today. they found that in may, gas prices shot up to 4.41 a gallon which is the equivalent of $48 million in profit a day for the gas companies. in october, they were hiked even higher to $4.71 a gallon. but because of supply, the profit slightly lower for companies but still $25 million a day. >> i feel certain if we do nothing, that which we have

seen this year will only repeat itself in years to come and the spikes that we saw in october might look to be minor spikes compared to what we could have in the future. >> reporter: so he called on robert mccullough who has three decades of experience in energy markets. he pored over thousands of documents and believes that the refineries were operating when they said me were offline. we can heard in may lots of announcements of closures and that could be an attempt to misinform the market. we have certainly seen that. tore could be an exercise in market power. >> reporter: he says there is not enough evidence to show any type of collusion among the conditions. he also says there is no watchdog agency in place. >> when a market place gets more and more and more concentrated, the opportunity for that market manipulation only increases.

>> reporter: so we did speak with the manrepresents most of the california refineries and he says, look, the man who represents most of the california refineries says there is no conspiracy just simple supply and in demand. he said research all you want you won't find wrongdoing from them. we'll hear more from him at 6:00. i'm grace lee, live in san francisco. cbs 5. also today, we learned that oil giant bp will pay a record $4.5 billion criminal penalty for the disastrous 2010 gulf oil spill. the company also pleaded guilty to a dozen felony charges for the deadly rig explosion that triggered that spill. and for lying to congress about how much oil was gushing into the gulf. two company executives also face manslaughter charges. lawmakers have now seen how the attack in benghazi that killed a u.s. ambassador and three other americans went down. today they were shown security camera video of the deadly attack unfolding in real time. the footage is part of

congressional hearings on the attack to find out what happened. after today's first hearing, senator dianne feinstein said a great deal was learned but more questions need to be answered. >> we had a good back and forth and it was not always the easiest thing, i'm sure, for everybody that was testifying but we learned a great deal. >> are there still questions throughout? you bet. we are going to continue to work to get those answers. >> two more hearings are scheduled. sources who have seen the benghazi video talked to cbs news. the story ahead on the "cbs evening news with scott pelley" at 5:30. well, it's the last dry day we are going to see for a while. chief meteorologist paul deanno in the weather center with more on the rain heading our way. it just rained on us right there! did you see this? >> it beat the actual rain by a couple of hours still sitting offshore. we could show you rain even when it's not. here's the rainfall sitting offshore. hi-def doppler the strongest radar in town can see what's 300 miles offshore.

we showers moving toward the bay area. big area of low pressure once it gets here, it's going to hang out for about three or four days. you can see this huge counter clockwise swirl encroaching on northern california. let's go county by county for you. sonoma county farther north will see the most rain, 2." alameda about 1.5" and santa clara county including the city of san jos 1.25" of rain. we'll talk timing and talk about any dry times over the weekend that's coming up in a few short minutes. >> thank you. he murdered two people in a fifth jealousy. now a jury will decide if convicted killer nathan burris will pay the ultimate price for his crime of killing two people in a fit of jealous receive. don knapp reports. >> reporter: the jurors were sitting on the edge of their seats staring at the defendant as he was making closing arguments in his case over whether he should have life in prison without parole or death but if they were listening for something they could weigh they

probably didn't hear it not only because he speaks with a terrible speech impediment because really wasn't making a case for his life. the convicted killer of two act as his own attorney and talking with a profound speech impediment made a rambling closing statement but never asked the jury to spare his life. previously nathan burris told the jury they could just flip a coin to decide between life in prison or death. he was convicted of first- degree murder in the deaths of richmond bridge toll collector deborah ross and a male friend. she was apparently breaking up her 13-year relationship with burris when he killed her and the man down at the toll plaza three years ago. >> i think he feels he had the right to kill them. >> reporter: family members are divided on whether he should die or serve life in parole. >> i wish he could die the same way my sister died with a shotgun. i wish they had the old- fashioned death penalty where

you die by firing squad. >> reporter: burris' rambling closing left family members frustrated failing to understand why he did it. >> as far as him talking and babbling, that's all i heard was babble. i heard a scared man, frightened person trying to extend the trial as long as he possibly could. >> right now my child is gone. my son is gone. he will never come back. what gives me peace is the woman that he loved they fell in love, they died the same day. they were buried the same day. and i think they're gone to heaven to live together forever. >> reporter: jurors asked for a transcript this afternoon to consider things that were said in the court trial they couldn't understand. they will return on monday for the continued deliberations. reporting live in martinez, don knapp, cbs 5. other bay area headlines a tiburon motorcycle officer's hospitalized after colliding with a car. it happened just around noon. tiburon boulevard at tressel glen. the officer was responding to another crash. he is being treated for head trauma and possible broken arm

but is expected to recover. the chp says the driver in a high-speed chase was drunk and driving with a suspended license. officers say the woman hit a bicyclist and two parked cars after they began following her in san francisco this morning. the cyclist is expected to be okay. this is the 23-year-old driver's fourth dui arrest. an east bay city is coping with a harsh new reality. more robberies and violent crimes. cbs 5 reporter da lin on the town's police chief who is now asking for help. reporter: antioch police detained and took this man back to the police station this afternoon. investigators are questioning him for a murder that happened last night in this apartment complex. police say someone shot and killed a man in this unit at delta pines apartments. neighbors tell me they heard three shots. the victim's body remained in the unit today as detectives gathered ever. >> it was really scary. >> used to be peaceful and now you can't even leave the doors

unlocked. >> reporter: people living in this complex say the latest murder reflects a growing problem in antioch. the police department's reports crime is way up comparing the first nine months of the year to the same time last year. the antioch police chief says violent crime spiked by close to 38% and property crimes went up by about 45%. meanwhile, arrests are down 17%. the police chief blames budget cuts and layoffs. >> when you start reducing your staffing, you're going to see rises in response times. you're going to see the inability to be pro-active in responding to crime and really you're going to be a reactive agency. >> reporter: the chief says just a few years ago, he had 126 officers, now he has 86. >> our crime needs to go down. it's like we really need help for all this to stop. >> reporter: back at the murder scene, detectives say they don't have a motive. as officers removed the body

from the apartment, they hope the man detained earlier can provide more clues. in antioch, i'm da lin, cbs 5. not in my backyard! the reason some bay area residents are fighting to keep 7-eleven out of their neighborhood. >> trouble for twinkies. the labor issues putting a snack food staple in jeopardy. >> and the 49ers head coach sidelined. the heart condition that has him in the hospital tonight. ,,,,,,

neighborhood is doing all in to keep the convenience stoe from going up.... a fight against 7-eleven. one bay area neighborhood is doing all it can to keep the convenience store from going up. near 501 north san mateo drive, cbs 5 reporter mike sugerman tells us why neighbors are saying no to big gulp and beef jerky. >> reporter: you want a 7- eleven in your residential neighborhood? maybe if you like big gulps and the chance to buy beer at all times. these people don't. >> we don't know how it happened. there were seven months of essential silence, and then all

of a sudden the building permit is issued and that's what we have been trying to find out. >> reporter: hely lives in this san mateo neighborhood and wonders why it took almost a year for one of her neighbors to raise their fence a foot and lots of trips to the planning commission when it looks like it just breezed through. >> they have this very intensified use of a facility coming in and gave the public no input whatsoever. >> reporter: they will tell you the planning commission sided with them, that a convenience store shouldn't go in this noncommercial area, and then all of a sudden, boom, 7-eleven is going in! 7-eleven is a big corporation with a lot of money and these neighbors infer that there were some shenanigans that went on at san mateo city hall to get this approved. why there shenanigans going on at city hall? >> there were not. there were not. >> reporter: lisa, san mateo's community development director admits it was a complicated bureaucratic maze that led to the approval. but insists everything was above board.

>> there in fact was a very detailed review of the use and what actions the property owner had been taking for over a two- year period. >> reporter: whatever happens, there promises to be lawsuits and no matter who wins or loses, the city will be spending money and that money comes straight from the pocket of these and other san mateo taxpayers. mike sugerman, cbs 5. well, you know what they say, twinkies might last forever? especially the two i ate this afternoon. but the bakery behind them may be disappearing for good. hostess says it's going to announce sometime tomorrow whether it will liquidate its business. that would shut down a hostess bakery and a distribution center in oakland. the deadline for striking employees to return to work passed at 2:00 this afternoon. the maker of ho hoes and wonder bread says closing down operations would cost about 18,000 jobs. the first boat of the season making its way to port. mobile5 live with early indications of what kind of dunk nevertheless crab season

we're in for next. >> and it's a black friday price watch in tonight's consumerwatch. we track the hottest holiday items and find out if black friday isn't the best day to get a deal, then what is? ,,

[ crickets chirping ] [ traffic passing ] ♪ [ music box: lullaby ] [ man on tv, indistinct ] ♪ [ lullaby continues ] [ baby coos ] [ man announcing ] millions are still exposed to the dangers... of secondhand smoke... and some of them can't do anything about it. ♪ [ continues ] [ gasping ] recovering from a minor heat procedure.

doctors discovered the 48-yr old had an irregular heartbeat... a 49ers head coach jim harbaugh is in the hospital recovering from a minor heart procedure. he had an irregular heartbeat and then doctors advised him to have a procedure at stanford hospital today. the 9ers expect him to be back with the team tomorrow. dennis o'donnell will have more in his sports report at 6:00. cbs 5 is live with the official kickoff with the official crabbing season. ken bastida is in mobile5 with the first catches. >> reporter: they have already arrived some of them come back already,ly. i wish you could smell it because they are already boiling it up now the now. we're at the crab boats. they took off yesterday at dawn. they wanted that i pots in the water at midnight so they could be there on time for the start of the season. so they did that and they did okay. we talked to graham who told us that, yeah, he filled his boat

up. >> 800 pounds. i got a pretty small operation run about 70 pots. the numbers weren't as good as we were hoping but it's a whole long season ahead of us. i'm sure there's more crab to be had. >> reporter: here's what it's all about. the little 2-pounders fresh from the ocean off san francisco. and they have been pulling them from bodega bay all the way to half moon bay all day today. last year the season got hung up for a couple of weeks because they couldn't agree on price. they have done that $3 a pound between the wholesalers and the crabbers. they got an extra 75 cents because of fuel costs. it's even affecting the crab we eat, right? good news, these guys will be in the store tomorrow morning. fresh the a grocery store near you look for it to start at $6 a pound maybe more in some spots. ken bastida, mobile5, back to you. >> that one has been cooked because it didn't have the

rubber band around the claw. hopefully the fishermen like pulling crab pots in rougher seas. >> that happens that will help things out a bit crab and linguini with some red sauce in when is dinnertime? [ laughter ] here's a peek outdoors. starting with high-def doppler radar as you prepare for dinner we are preparing for a feast of rainfall offshore several more hours before it gets here. but we're now picking up the rain and it will be heading in our direction over the next several hours and staying for several days through the weekend. please note the snow level high. 7,000 feet. you will get snow at tahoe but not much below that. 4 to 8" of snowfall winter weather advisory for the sierra through saturday. clouds got here today as advertised. they will be sticking around for the next several days. i don't see a sunny day in the bay area for a while. here's the first reason why. big counter clockwise swirl now approaching northern california in the bay area.

it's going to fire up tropical moisture ahead of it. we'll be one of the last spots to see rainfall from this particular system. low pressure gets close enough by sunrise tomorrow that all of us will have some showers out there. the first of many waves. we'll have on and off rainfall for three straight days. the first wave gets here early on friday and the final wave won't leave until sunday afternoon. that encompasses most of the weekend. it will be soggy especially on saturday. let's time things out with futurecast. this is a computer forecast model. kind of in graphical form here. you see all that rain especially north of the golden gate tomorrow morning. but everybody gets a chance of rainfall and they will be widespread cloud cover and rain throughout the day friday. change we have been talking about all week is now here. 62 for palo alto tomorrow. pacifica only 61. rain for you. rain for concord, 63. dublin-pleasanton lower 60s. mill valley 61. downtown san francisco 62 degrees. so rain gets here tonight. we'll be soggy into sunday

afternoon. clearing out a bit for the shortened workweek next week. monday, tuesday dry. showers back the day before thanksgiving. and yes, thanksgiving is now on the extended forecast. mid-60s with partly sunny skies. roberta gonzales is somewhere where earlier this week, roberta, they had a mud slide without any rain. >> reporter: take a good look at this because this right here this is the only piece of machinery that's left from daly city workers who have feverishly been working around the although to be shore up this neighborhood. let me tale take you back. it was early tuesday morning when a main water break sent 45,000 gallons of water mixed with sand and mud slides into this daly city neighborhood. coming up at 6:00 i went ahead and took to the streets to this neighborhood. i walked up and down this road here. i found a neighborsays he is still scared. another mud slide could occur in the wake of days of rain in the forecast. we'll talk to him coming up at 6:00. reporting from daly city, roberta gonzales, cbs 5. thank you.

they don't want to see the rainfall. but they are going to get up to 1.5" between now and sunday. roberta will keep an eye on that and report at 6:00. >> thank you. the best black friday deals may not come on black friday. cbs 5 consumerwatch reporter julie watts with the best time to find the lowest prices. reporter: we see it every year, the shopping stampede shortly after the last slice of pumpkin pie. but this year, you may want to stay home and digest because a lot of those black friday specials aren't so special. >> the goal of the ads is to drum up excitement. >> reporter: but matthew says many black friday ads this year look awfully familiar. >> 90% of the retails we looked at were going to sell at least one of the exact same item at the exact same price on this year's black friday as last year's. >> reporter: for example, last year, radioshack advertised this 500 gig usb for 49.99. this year it's offering the same product for the same price. it turns out it's not even the

best price. >> this item started going on sale around august of this year. >> reporter: chris says the usb price hit rock bottom five days ago when it was selling for nearly $5 cheaper than the black friday ad. it's a similar story for this wireless printer at staples. selling for $199 this black friday, the same as last black friday but you could have bought it cheaper a month ago. >> the rock bottom price for this printer was $179.99. >> reporter: the less on? >> prize bounce around all the time. >> reporter: stores use ads to get you in the door in hopes you'll fill your basket once you're there. buyer beware. just because something says it's on sale doesn't mean it's actually a bargain. >> don't just assume that everything else in the store might be a good deal. >> reporter: retail experts warn you should avoid buying toys, jewelry, winter clothes and watches on black friday. prices for those items will likely be cheaper late north season and remember, a lot of those door buster deals are for

limited quantities. they plan to get you in the door and hope you buy more. >> how much later after black friday? >> reporter: one of the cheap embassy years to shop is second week of -- one of the cheapest years to shop is the second week of december. >> so watch a movie, enjoy the hot cocoa, don't wait in line we'll be right back. ,,,,,,,,,,

california. now bay area scientists have linked certain flame retards to yet another concern: ms in this chemical is found everywhere especially in california. bay area scientists have linked certain flame retardants to another concern, developmental problems in children. dr. kim with what you can do to reduce the risk. reporter: from clean water and air to organic food, california is a trendsetter for good health a great place to raise kids. >> i feel like there's a real consciousness around the way we live. >> reporter: now new research is raising questions about the health of children and a

chemical found in many homes. >> california children have the highest levels of exposure to these chemicals than any other place in the world. >> reporter: the chemicals, flame retardants called pbdes. a doctor and her team found a link to exposure to the compounds during pregnancy and problems in the children later on, poor attention spans, diminished motor skills and lower iq scores. >> we now have a body of evidence that strongly suggests, i would say, that these flame retardants are associated with neural behavior deficits in children. >> reporter: thanks to the state's strict fire safety laws passed in 1975, pbde's are widely found in foam furniture, electronics and other consumer products. some have been banned or phased out. but they are still leaching out of older goods and getting into household dust. that's how we get exposed. >> it bothers me. and i have two children.

>> reporter: while the study isn't conclusive proof to reduce exposure seal tears in furniture, damp mop, vacuum often, wash hands frequently n june, governor brown directed the state agency in charge to review california's flammability standards and to recommend changes to reduce the use of flame retardants. the makers of the chemicals say they save lives and property. >> thank you. we'll be right back. ,,,,,,,,,,,,,,,,,,

a registered sex offender, caught volunteering at a bay area school. how he got on

y sheriff's i'm dana king. here's what we're working on for the 6:00 news. a ringstered sex offender caught volunteering at a bay area school. how he got on campus and why deputies didn't arrest him. >> sometimes they are stolen by the truckload. why bay area thieves are going nuts and what's being done to crack those cases. sorry. those stories and more -- [ laughter ] >> both of those. [ laughter ] >> walnuts. >> mm-hm. >> so the rain coming tonight? >> rain gets here tonight. and it will likely last until sunday. you will get some breaks between the rain but it's going to be rather soggy for the next three days. >> all right. "cbs evening news with scott pelley" is next. the latest news and weather are always on cbssf.com captions by: caption colorado comments@captioncolorado.com >> pelley: tonight ays the price. criminal charges and the largest fine in history two years after the disaster in the gulf. manuel bojorquez reports, and